Being bald 'not a disability', but what is?

The national media highlighted the case of a teacher this week - James Campbell - who took Falkirk Council to an employment tribunal claiming he had suffered disability discrimination because he was bald. Mr Campbell lost his claim.

A Glasgow tribunal judge said baldness was not an "impairment" and that Mr Campbell did not therefore qualify as disabled under the Disability Discrimination Act (DDA).

Mr Campbell had said he was bullied and teased about his baldness and had lost confidence in his ability to teach. He also claimed teasing made him fear that pupils might assault him, which left him worried for his safety.

In his submission, he referred to a section of the DDA which states that someone has a disability if they have a "physical or mental impairment".

However, tribunal judge Robert Gall said: "If baldness was to be regarded as an impairment then perhaps a physical feature such as a big nose, big ears or being smaller than average height might of themselves be regarded as an impairment under the DDA. That, to me, cannot be right looking to the DDA, the guidance and relevant case law."

Broad definition

Despite the case being lost, it has illustrated how the definition of disability under the legislation is broader than some might appreciate.

Government backed research carried out last year revealed that many employers had a "narrow perception" of what was meant by the term "disability".

For example, only one in 5 employers (19%) considered someone recently diagnosed with cancer to be disabled, while just 12% thought someone recently diagnosed as HIV positive was disabled. The DDA (2005) extended the definition of disability to include people with both of these conditions, from the point of diagnosis.

The definition of disability under the legislation is: "A physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities."

Although "normal day-to-day activities" are not specifically defined, the Act says that they must affect one of a number of "capacities". As well as mobility, manual dexterity, physical co-ordination and speech, hearing or eyesight, these also include; memory; ability to concentrate; learn or understand; and perception of the risk of physical danger.

In addition, the Act can also cover people with severe disfigurement, people with progressive conditions, people who have functional limitations without medication, and people who have had a disability in the past.

A free two-page NURS 'hardfacts' guide to the Disability Discrimination Act can be viewed/downloaded here.